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Town of Hamburg Planning Board Minutes March 4, 2026 and site plans to a number of different agencies throughout the State including the DOT, because Route 5 is a state road, the DEC, and the County for their review. To date the Planning Department has received responses from the DEC, which Mr. Hopkins showed in the presentation, and Erie County which stated that this project is of local concern and they do not have any further comments. Mr. Rogers is still waiting on further comments from the DOT. On Monday, March 2 nd, the DOT did comment that they concur to the Planning Board being the lead agency, but did request additional time to review the updated site plan so that they could provide comments. Woodlawn Fire Company provided comments which were forwarded to the Applicant and shared with the Planning Board. The fire company did ask about the size of the water lines for the hydrants. There have been a number of public comments on this project via phone calls and emails. Mr. Rogers let the audience know that every phone call and email has been shared with the Planning Board. Mr. Rogers clarified that there was a letter from a resident who went to the Zoning Board meeting regarding regulations for the fence. It was incorrectly stated that 3401 Lakeshore Road is zoned multi-family residential, as that property and Mr. Santa’s home are zoned M-3 General Industrial. There has been a lot of comments from people who have reviewed the code and have asked about the 75 ft setback in M-3 zoning district. Mr. Rogers explained that setback is if M-3 is abutting R-3, and for 0 Lakeshore Road, the northern boundary is technically another M-3 parcel so because of that, the rear yard setback is only 10 ft, and the buildings do not have to be 75 ft back for 0 Lakeshore Road. There have also been comments regarding Chapter 272, which is our Local Wetlands Law. This law relates to whether or not there are wetlands on a property and if an applicant is filling those wetlands in. Due to the fact that the Planning Department has received the two jurisdictional letters from the DEC and the Army Corps of Engineers, as well as a wetland report from Scott Livingstone, stating there are no wetlands located on the proposed site, in the eyes of the Town of Hamburg and the Planning Board there are no wetlands on this property. The Planning Board did receive a memo from the Conservation Advisory Board (CAB) in which they recommended that the Planning Board take a harder look at the environmental impacts and recommended an EIS. 6